Free Motion to Detain Pending Trial - District Court of Delaware - Delaware

_ Case 1:05-cr—O0037-JJF Document 3 Filed O4/18/2005 Pag of 3
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‘ IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, :
A Plaintiff,
v, Criminal Case N0. 05—"ll¤ MH i
ALIRIO GALLEG·O- DUGUE.)
Defendant.
MOTION FOR DETENTION HEARING
NOW COMES the United States and moves for the pretrial detention of the
defendant, pursuant to 18 U.S.C. § 3l42(e) and (f). In support of the motion, the United States
alleges the following:
1. Eligibility of Case. This case is eligible for a detention order because case
involves (check all that apply):
__ Crime ofviolence (18 U.S.C. § 3156) O Er
Eifz =¤
__ Maximum sentence life imprisonment or death p E ·—g-}
__ 10+ year drug offense Ji-
____ Felony, with two prior convictions in above Env
categories E;
_ _P; Serious risk defendant will flee
___ Serious risk obstruction ofjustice
2. Reason For Detention. The court should detain defendant because there are
no conditions ofrelease which will reasonably assure (check one or both):
__Q_(_ Defendants appearance as required

Case 1:05-cr—OOO37-JJF Document 3 Filed O4/18/2005 Page 2 of 3
__ Safety of any other person and the community
3. Rebuttable Presumption. The United States (will, will not) invoke the
rebuttable presumption against defendant under § 3 l42(e). (If yes) The presumption applies
because (check one or both):
___ Probable cause to believe defendant committed 10+ year drug offense
or firearms offense, 18 U.S.C. § 924(c)
· ___ Previous conviction for "eligible" offense
committed while on pretrial bond
4. Time For Detention Hearing. The United States requests the court conduct
the detention hearing,
__ At first appearance
__X_After continuance of _ days (not more than 3).
5. Temporary Detention. The United States requests the temporary detention of
the defendant for a period of days (not more than l0) so that the appropriate officials can be
notified since:
__ l. At the time the offense was committed the defendant was:
__ (a) on release pending trial for a felony;
_ (b) on release pending imposition or execution of sentence,
appeal of sentence or conviction, or completion of sentence for an offense;
__ (c) on probation or parole for an offense.
___ 2. The defendant is not a citizen ofthe U.S. or lawfully admitted for
permanent residence.

Case 1:05-cr—OOO37-JJF Document 3 Filed O4/18/2005 Page 3 of 3
X 3. The defendant may flee or pose a danger to any other person or the
community.
6. Other Matters.
DATED this l8"‘ day 0t`April, 2005.
COLM F. CONNOLLY
United States Attomey I
Beth M0skow—Schr10il
Assistant United States Attomey